Sheriff’s office says it was required to kill two dogs | The Hays Free Press

Sheriff’s office says it was required to kill two dogs

Posted by on Feb 15th, 2012 and filed under Hays County, Top Stories.


Update: The Hays County Sheriff’s Office says it was following county ordinance when it euthanized two dogs that had killed a man’s chickens in Wimberley.

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News release: The Hays County Sheriff’s Office is reporting that both dogs involved in the killing of 12 chickens at a Wimberley home on February 9, were humanely euthanized late yesterday evening.   One of the dogs, a black Labrador, was abandoned by a renter who lived next to the owners of the second dog, a yellow Pit Bull cross Labrador.

The owner of the yellow mix, Scott Pate said that he understood what needed to be done and released the dog to the officers so that the dog could be humanely euthanized after the incident.  Mr Pate revealed to the Animal Control Officer that he was relieved that the animal would be taken because of a previous case in which the yellow mix had attacked their pet dachshund.

Lieutenant Dennis Gutierrez, who supervises the Animal Control Division, stated that the Sheriff’s Office was following standard operating procedures and that there was no bias in this case.  The County Animal Control Ordinance is followed to ensure the safety of the community as well as livestock and other domestic animals.  The Hays County Animal Control Ordinance Section 10.1(d) reads that

the owner of a dog that is known to have attacked sheep, goats, calves, or other domestic animals or fowls shall kill the dog.  A Sheriff, Deputy Sheriff, constable, police officer or magistrate may enter the premises of the owner of the dog if the owner fails to do so”.

ACO officers took custody of both animals and transported them to the San Marcos Animal Shelter for euthanasia.  Should this ordinance be revised or otherwise amended, the Sheriff’s Office will enforce this ordinance as they do other State and Federal laws.

Several Hays Free Press commenters are arguing the dogs should not have been euthanized.

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  • Anonymous

    Allow the dog owners to work something out with the livestock owner. I’m sure something could’ve been agreed upon. Unless the livestock owner is heartless, I’m sure he wouldn’t have let those poor children suffer the loss of their pet. Perhaps that sheriff was too busy with his drug dealing sons to do anything about this!

  • http://www.facebook.com/people/Mike-Fulton/1816794626 Mike Fulton

     Did you read the article or not even bother because it was a good opportunity to take a pointless jab at the sheriff? 

  • Anonymous

    You’re right.  He’s screwing up on his own. 

  • Anonymous

    http://www.co.hays.tx.us/index.php/government/comm-court/County Judge, Bert Cobb, M.D. Commissioner, Precinct 1, Debbie IngalsbeCommissioner, Precinct 2, Mark Jones Commissioner, Precinct 3, Will ConleyCommissioner, Precinct 4, Ray Whisenant

  • Anonymous

    Health and Safety Code.  Title 10. Health and Safety of Animals.  Chapter 822. Regulation of Animals.  Subchapter A. Dogs That Are a Danger to Persons.

    (c)  A person who discovers on the person’s property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote. 
    http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.822.htm 

    http://www.animallaw.info/statutes/stustxhealthsafetycode822_001_828_015.htm

  • http://www.facebook.com/people/Mike-Fulton/1816794626 Mike Fulton

     You are quoting a state statute, if you take a few minutes to read the article you will learn that Hays County has a stricter law that requires a dog that “attacked sheep, goats, calves, or other domestic animals or fowls shall kill the dog”The law is not “may kill the dog” but “shall kill the dog”

  • billy78640

    Since when does ordinance supersede  state law?

  • http://www.facebook.com/people/Mike-Fulton/1816794626 Mike Fulton

     Do you see the word “may” in the state statute?  That means it is optional, the county ordinance goes beyond the state law by requiring certain actions using the word “shall”

    It is not superseding the state law because the state law is not requiring any action.

  • VERITAS423

    Were the Pate family given due process before the ACO euthanized their dog?  It is my understanding that the 5th Amendment to the Constitution trumps city ordinances and statutes…    Or has there been a change in the law, that I don’t know about, that says that a person is gauranteed “due process” unless it takes place in Hays Co., TX. in which it would be  trumped by an ordinance?  Sheriff Cutle got off easy…  If it were me that this had happened to, I would have sued to have him resign, I would have sued to have him pay restitution, and I would have sued to have him jailed for deprivation of rights.  The corrupt behavior of the members of San Marcos/Hays Co. law enforcement haven’t changed in the past 20 years.  Thanks the lord I am no longer in college and living in the police state-city that is San Marcos…   Hi, Officer Taylor ;-)

  • http://pulse.yahoo.com/_W2ZGZQKOANZRZB4KVNC6QYNTWY Dr. Hippocrates

    I have lived with dogs and livestock for 3o yrs in Hays County.
    With no problems. That’s right. I keep my dogs under control.
    I follow the laws. I prefer yall from Houston, Austin and California leave the county than whine about our laws. “Our” laws.
    Yes, I support the laws that protect MY interests as a dog owner and livestock owner.
    No need to change the law on my account since I am a responsible person who isn’t whining when my dogs killed other people’s property.
    Master Pate is whining – after living in Hays County for HOW LONG?
    I am “animal advocate” I advocate people taking responsibility when they need to.
    What Rescue group placed a dog in the country without a family who kept them on a leash.
    They broke the LEASH LAW too,  you know.
    Are they paying a penalty for breaking the laws, I want to know.

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